If you were the victim of an unlawful arrest, you might be able to use false arrest as a defense in your criminal case. You might also be able to pursue financial compensation for the police misconduct.
False arrest cases are challenging, and not to be handled as a DIY project. You will want to seek the guidance of a Chicago unlawful arrest attorney who can protect your legal rights and seek justice on your behalf.
An Overview of False Arrest
The term “false arrest” usually refers to intentional, wrongful conduct as opposed to an honest mistake. For example, arresting a person without probable cause because of racial discrimination would be false arrest. Mistakenly arresting the identical twin of the person whom the police intended to arrest could be a simple arrest of the wrong person.
Categories of False Arrest
There are rules that govern the actions of the police before and when they arrest someone. The United States Constitution prevents law enforcement from arresting people for improper reasons. Also, in many cases, the police must have an arrest warrant before depriving a person of their liberty.
Here are some examples of arrests that can be improper or illegal:
- The police were required to obtain an arrest warrant and failed to do so. Some officers do not want to follow the law enforcement agency’s protocols because they have a “cowboy cop” mentality. When the police act like Hollywood-style rogue cops, they can actually create defenses for the people they arrest.
- The arrest was based on racial profiling rather than actual facts or evidence. If your arrest was race-related, you might be able to use that injustice as a defense in your criminal case.
- The officer exaggerated or lied to get the arrest warrant. An arrest warrant is not valid if the facts that convinced the judge to sign the arrest warrant were not true. The officer testifies under oath or signs an affidavit that what they are telling the judge to support the issuance of the warrant is the truth.
- The police do not always need to have an arrest warrant. There are quite a few exceptions to the constitutional requirement of a warrant to arrest someone. Still, the officer must have probable cause to support the warrantless arrest. Hunches or suspicions do not count as probable cause. For example, the police cannot arrest someone without some facts or evidence that link the individual to the criminal act.
These are but a few examples of police misconduct that can amount to false arrest. If you can prove that your arrest was illegal or improper, charges arising from that arrest are subject to challenge in your defense.
What Constitutes an Arrest
When the police are merely talking to a civilian on the sidewalk, it is not an arrest. The police do not, however, have to say any specific things, like, “You’re under arrest.” If a reasonable person in your circumstances would not have felt that they were free to leave, it is an arrest.
Contact Our Civil Rights Attorneys in Chicago
You can work with a Chicago civil rights attorney on your unlawful arrest case. Reach out to our office today for help with your case.